Texas 2019 - 86th Regular

Texas House Bill HB1693 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1693
	1	+	By: Smithee (Senate Sponsor - Hughes) H.B. No. 1693
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 14, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 14, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to affidavits concerning cost and necessity of services.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 18.001, Civil Practice and Remedies
8	14		Code, is amended by amending Subsections (b), (d), (e), and (f) and
9	15		adding Subsections (d-1), (d-2), (e-1), (g), (h), and (i) to read as
10	16		follows:
11	17		(b) Unless a controverting affidavit is served as provided
12	18		by this section, an affidavit that the amount a person charged for a
13	19		service was reasonable at the time and place that the service was
14	20		provided and that the service was necessary is sufficient evidence
15	21		to support a finding of fact by judge or jury that the amount
16	22		charged was reasonable or that the service was necessary. The
17	23		affidavit is not evidence of and does not support a finding of the
18	24		causation element of the cause of action that is the basis for the
19	25		civil action.
20	26		(d) The party offering the affidavit in evidence or the
21	27		party's attorney must serve a copy of the affidavit on each other
22	28		party to the case by the earlier of:
23	29		(1) 90 [at least 30] days after [before] the date the
24	30		defendant files an answer;
25	31		(2) the date the offering party must designate any
26	32		expert witness under a court order; or
27	33		(3) the date the offering party must designate any
28	34		expert witness as required by the Texas Rules of Civil Procedure
29	35		[day on which evidence is first presented at the trial of the case].
30	36		(d-1) Notwithstanding Subsection (d), if services are
31	37		provided for the first time by a provider after the date the
32	38		defendant files an answer, the party offering the affidavit in
33	39		evidence or the party's attorney must serve a copy of the affidavit
34	40		for services provided by that provider on each other party to the
35	41		case by the earlier of:
36	42		(1) the date the offering party must designate any
37	43		expert witness under a court order; or
38	44		(2) the date the offering party must designate any
39	45		expert witness as required by the Texas Rules of Civil Procedure.
40	46		(d-2) The party offering the affidavit in evidence or the
41	47		party's attorney must file notice with the clerk of the court when
42	48		serving the affidavit that the party or the attorney served a copy
43	49		of the affidavit in accordance with this section. Except as
44	50		provided by the Texas Rules of Evidence, [the records attached to]
45	51		the affidavit is [are] not required to be filed with the clerk of
46	52		the court before the trial commences.
47	53		(e) A party intending to controvert a claim reflected by the
48	54		affidavit must serve a copy of the counteraffidavit on each other
49	55		party or the party's attorney of record by the earlier of:
50	56		(1) 120 days after the date the defendant files its
51	57		answer; [not later than:
52	58		[(A) 30 days after the day the party receives a
53	59		copy of the affidavit; and
54	60		[(B) at least 14 days before the day on which
55	61		evidence is first presented at the trial of the case; or]
56	62		(2) the date the party offering the counteraffidavit
57	63		must designate expert witnesses under a court order; or
58	64		(3) the date the party offering the counteraffidavit
59	65		must designate any expert witness as required by the Texas Rules of
60	66		Civil Procedure [with leave of the court, at any time before the
61	67		commencement of evidence at trial].
62	68		(e-1) Notwithstanding Subsection (e), if the party offering
63	69		the affidavit in evidence serves a copy of the affidavit under
64	70		Subsection (d-1), the party offering the counteraffidavit in
65	71		evidence or the party's attorney must serve a copy of the
66	72		counteraffidavit on each other party to the case by the later of:
67	73		(1) 30 days after service of the affidavit on the party
68	74		offering the counteraffidavit in evidence;
69	75		(2) the date the party offering the counteraffidavit
70	76		must designate any expert witness under a court order; or
71	77		(3) the date the party offering the counteraffidavit
72	78		in evidence must designate any expert witness as required by the
73	79		Texas Rules of Civil Procedure.
74	80		(f) The counteraffidavit must give reasonable notice of the
75	81		basis on which the party serving it intends at trial to controvert
76	82		the claim reflected by the initial affidavit and must be taken
77	83		before a person authorized to administer oaths. The
78	84		counteraffidavit must be made by a person who is qualified, by
79	85		knowledge, skill, experience, training, education, or other
80	86		expertise, to testify in contravention of all or part of any of the
81	87		matters contained in the initial affidavit. The counteraffidavit
82	88		may not be used to controvert the causation element of the cause of
83	89		action that is the basis for the civil action.
84	90		(g) The party offering the counteraffidavit in evidence or
85	91		the party's attorney must file written notice with the clerk of the
86	92		court when serving the counteraffidavit that the party or attorney
87	93		served a copy of the counteraffidavit in accordance with this
88	94		section.
89	95		(h) If continuing services are provided after a relevant
90	96		deadline under this section:
91	97		(1) a party may supplement an affidavit served by the
92	98		party under Subsection (d) or (d-1) on or before the 60th day before
93	99		the date the trial commences; and
94	100		(2) a party that served a counteraffidavit under
95	101		Subsection (e) or (e-1) may supplement the counteraffidavit on or
96	102		before the 30th day before the date the trial commences.
97	103		(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),
98	104		(e-1), (g), and (h), a deadline under this section may be altered by
99	105		all parties to an action by agreement or with leave of the court.
100	106		SECTION 2. The change in law made by this Act applies only
101	107		to an action commenced on or after the effective date of this Act.
102	108		An action commenced before the effective date of this Act is
103	109		governed by the law applicable to the action immediately before the
104	110		effective date of this Act, and that law is continued in effect for
105	111		that purpose.
106	112		SECTION 3. This Act takes effect September 1, 2019.
107		-	______________________________ ______________________________
108		-	President of the Senate Speaker of the House
109		-	I certify that H.B. No. 1693 was passed by the House on April
110		-	25, 2019, by the following vote: Yeas 119, Nays 17, 1 present, not
111		-	voting.
112		-	______________________________
113		-	Chief Clerk of the House
114		-	I certify that H.B. No. 1693 was passed by the Senate on May
115		-	21, 2019, by the following vote: Yeas 31, Nays 0.
116		-	______________________________
117		-	Secretary of the Senate
118		-	APPROVED: _____________________
119		-	Date
120		-	_____________________
121		-	Governor
	113	+	* * * * *